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MIAMILAW1127, Lawyer

Category: Legal

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Experience: Founding Partner at Moises Law, P.A.

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My father in law pased way five years back in New Jersey and

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my father in law pased way five years back in New Jersey and he Inherit ahouse which was shared with new his wife before of his death and also he left some money in the bankmy Question is whould my wife is entiltied to be part those who can Inherit from her father although she is not US citizen and she hold Uk passport and she dont live in USmy second queation is what is the porcess to calim this and do we need lawyer

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Your wife would be entitled as an heir to her inheritance even if she is not a U.S. Citizen.

The process to claim her inheritance would be to find a local probate attorney that can open probate of her father's estate in New Jersey. Then all of his creditors will file into the probate to be paid from proceeds of the estate. Whatever is left over will be split between the surviving heirs.

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No. You will need to contest the probating of the property through your wife in order to do that and it is unlikely that the court will allow you to force the sale because his new wife has an interest in the property.

You would need to hire a probate attorney in New Jersey to assist you with this.